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Adverse Possession Survey  

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aliquot
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The question I have is, how do you do a boundary line adjustment between one owner and no one? That's what the quite title process is for.

Also, what do you mean no record owner? If the patent didn't go to the river  it is still public land and BLM is the "owner" . If it did, the owner is the last person who had a deed that included the area in question or the heirs. If there were no heirs tour state will have regulations for that. Usually that means the state owns it.

How wide is it? If it is narrow enough the doctrine of strips and gores might apply, which would mean your client already owns it. 

Just becasue it is not being taxed doesn't mean someone doesn't own it. I wouldn't want to be involved in helping a client take land from someone else, even if that someone else doesn't realise they own it. 

 

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 jpb
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You make want to sit down and read  the Montana Subdivision and Platting Act again.  Every BLA I have ever been part of requires all parties to sign the agreement.  And depending on which county you are in, you may have a hard time getting that through, without crossing the Rubicon so to speak.

 

If things were that easy, I would own a huge piece of the Flying D and not have to work a day for the rest of my life.

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I run into Gore's and overlaps quite often. The subdivision was done in the 1950s. I suppose  one should  try and locate heirs of the subdividers, but I say why bother. It appears the additional land is probably accretion. The Lawyer says  just survey what land the client wants and have him file Quiet Title on it. That seems more like stealing it than Adverse Possession. I would guess if you contacted the heirs they wouldn't have a clue what you were talking about. I'm not sure what the County Planner would say about a one owner BLA. I'll have to approach them on it. Adverse Possession has a dirty ring to it, but it's legal.

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Quiet title is the more honest approach.  It allows others notice so they may bring a claim if they think they have one.  AP is illegal trespass unless/until all elements are satisfied at which point possessor gets a pardon. If Montana is a good faith claim State (most are) your client already screwed up by claiming he doesn't own it and wants to adverse possess it. If bad faith claim State, then just the opposite.  But I think I'd be worried about State ownership and a quiet title action should bring up any claim they have before your client gets in too deep.  There's reasons the State might have a claim even if accretions. If they do it would be sovereign rather than proprietary, so no AP.

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aliquot
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If the additional land is accretion, your client already owns it. The only question is how to partion the accretion. You or your client should enlist the help of a surveyor with good riparian experience.

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paden cash
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Knowing where your boundary is at AND THEN attempting to possess adjacent property is a sure fire way to scuttle an AP claim in Oklahoma.   

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Scott Ellis
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First of all you know nothing about AP, and it would take 10 or 25 years not 5 years. The 5 years is for a deed. 

Also go take an Ethics class.

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In Montana Adverse Possession is 5 years. The parcel has to be occupied open and nortoriously (a fence) and you must pay taxes on it. How do you pay taxes on it unless you created a parcel the County the County can establish a tax on?
I'm not sure what the ethics violation would be. Can you be more specific what ethics would be violated? The Surveyor is just creating the parcel the client will proceed with an Adverse Action process. Quiet Title is sounding like a better more civilized way to go. I admit I don't know much about Quiet Title actions.

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aliquot
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Do you not see an ethical problem with creating a parcel on someone's land without their knowledge for the purpose of transferring their land to someone else?

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Scott Ellis
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Do you realize when you Survey a tract there are more parties involved than just your client's property. You have the adjoining properties, that you need to check to make sure they have the land called for in their deed, if they don't you need to figure out why and be able to back it up, same with your clients land if they have more or less than they should. Also you have to make sure any public roads, alley ways etc.. have the land they call for, then you must meet State laws, rules, and regulations. Right now you are not surveying the adjoining property, and seems to me you are to lazy to do the research to even find out who owns the land. If it is State land I am not sure if Montana allows Adverse Possession against the State, if is it public land you can't.

How big of a Cap are we taking about here, is it a 1 foot gap or big enough to drive a car down to access property somewhere? It may have been the developers plan to leave the gap for access to another tract, or to come back in a few years and sell them the land so they can have river front property. Since the subdivision plat does not go to the River, there is a reason find it.

Also you really need to find out who owns the tract, is it the State, Public, heirs, was it sold last year? Get a title company involved.

You have the same Ethics as a lawyer, how much are you charging to steal land from someone?

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